Must a Brain Balance franchisee maintain standard practices and image as developed by the company?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
e advertisements and two agate lines in other advertising or stationery (except on a business card), and (iv) to be printed larger or bolder than the words "Brain Balance®" or "Brain Balance Program.®"
- 10.15. FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16. FRANCHISEE shall not utilize the name "Brain Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual. FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 10.18. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
- (b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use. If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must adhere to the standard practices and image established by the company. Brain Balance franchisees must ensure that the appearance of the Brain Balance name and Brain Balance Program name on any materials complies with the company's written instructions. Franchisees cannot use the Brain Balance name or marks for any purpose other than operating a Brain Balance center as specifically permitted in their agreement.
The FDD states that franchisees must obtain written consent from Brain Balance before using any printed matter or materials in their business. All advertising and promotional materials, whether printed or digital, must also be submitted for written approval before use. Brain Balance has the right to disapprove of these materials within ten days. Franchisees must also get approval for marketing vendors or service providers before hiring them.
Furthermore, Brain Balance franchisees are prohibited from maintaining an independent website. Instead, Brain Balance will include information about the franchisee's center on the system website. Franchisees must provide the necessary information and materials for the website as requested by Brain Balance. However, franchisees are allowed to maintain an independent social media presence using platforms like Facebook, Instagram, and Twitter.